HB408 Alabama 2010 Session

Summary

Primary Sponsor

Jeff McLaughlin

Democrat

Co-Sponsors

Howard SanderfordFrank McDaniel

Session

Regular Session 2010

Title

Child custody, parent deployed in military service outside of state, not construed to waive any rights or protections with regard to custody of or visitation with the deployed parent's child or children, exception (2010-20334)

Summary

HB408 protects a deployed parent's custody and visitation rights from automatic changes, allowing modifications only in limited circumstances and with a written waiver if rights are to be surrendered.

What This Bill Does

It prevents courts from modifying custody orders when the custodial parent is deployed, except if a modification is in the child's best interest and the deployed parent has died or can no longer provide adequate care. It also bars using deployment as a factor in determining the child's best interests and prohibits final custody determinations while the parent is away on active duty. Additionally, deployment does not waive custody or visitation rights unless the deployed parent signs a written waiver. The bill defines deployment and sets its effective date upon governor action.

Who It Affects

• Deployed parent who currently has custody: retains custody and visitation rights during deployment; court modification is restricted unless the specified exceptions apply.
• Other parent and the child under the divorce decree: existing custody/visitation arrangements remain in place during deployment, with changes limited as described and not triggered simply by the parent's deployment.

Key Provisions

• Courts may not modify a custody order while the custodial parent is deployed, unless the court finds a modification is in the child’s best interest and the deployed parent has died or can no longer provide adequate care.
• The best interests determination cannot be based solely on the parent's separation due to deployment.
• Final custody determinations cannot be made while the parent is away on active military duty.
• Deployment does not constitute a waiver of custody or visitation rights unless the deployed parent signs a written waiver.
• Deployment is defined to include various active-duty scenarios (combat, contingency, peacekeeping, temporary duty, remote tours, etc.) and applies during periods of sickness, wounds, leave, or other lawful causes.
• The act becomes effective immediately upon passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law